Welcome to Tenplate

THIS LEGAL AGREEMENT BETWEEN YOU AND JUMA SOFTWARE GOVERNS YOUR USE OF THE TENPLATE PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.

JUMA SOFTWARE is the provider of the Service, which permits you to utilize certain Internet services, including storing your personal content (such as videos and other media) and making it accessible on your compatible devices and computers, only under the terms and conditions set forth in this Agreement. Tenplate is automatically enabled when you sign up for the Service and log in with your account credentials. You can disable Tenplate in your account settings. When Tenplate is enabled, your content will be automatically stored by Juma Software on our or third-party providers servers, so you can later access that content or have content wirelessly pushed to your other Tenplate-enabled devices or computers.

I. REQUIREMENTS FOR USE OF THE SERVICE

A. Age.

The Service is only available to individuals aged 13 years or older (or equivalent minimum age in the relevant jurisdiction), unless you are under 13 years old and your Tenplate account was provided to you as a result of a request by an approved educational institution or established as part of a family account by your parent or guardian. We do not knowingly collect, use, or disclose personal information from children under 13, or the equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. Parents and guardians should also remind any minors that interacting with strangers online can be risky and take appropriate precautions to protect children, including monitoring their use of the Service.

To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting this Agreement, you represent that you understand and agree to the foregoing.

B. Devices and Accounts.

Use of the Service may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. Juma Software reserves the right to limit the number of Tenplate accounts (”Accounts”) that may be created from a device and the number of devices associated with an Account. The latest version of required software may be necessary for certain transactions or features. You agree that meeting these requirements is your responsibility.

C. Limitations on Use.

You agree to use the Service only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Your Account is allocated a certain amount of storage capacity as described in the Tenplate feature pages. Additional storage is available for purchase, as described below. Exceeding any applicable or reasonable limitation of bandwidth, or storage capacity is prohibited and may prevent you from uploading new content, adding media, or receiving new data sent to your account. If your use of the Service or other behavior intentionally or unintentionally threatens Juma Software’s ability to provide the Service or other systems, Juma Software shall be entitled to take all reasonable steps to protect the Service and its systems, which may include suspension of your access to the Service. Repeated violations of the limitations may result in termination of your Account.

If you are a covered entity, business associate, or representative of a covered entity or business associate (as those terms are defined at 45 C.F.R § 160.103), you agree that you will not use any component, function, or other facility of Tenplate to create, receive, maintain, or transmit any “protected health information” (as such term is defined at 45 C.F.R § 160.103) or use Tenplate in any manner that would make Juma Software (or any of its subsidiaries) your or any third party’s business associate.

D. Availability of the Service.

The Service, or any feature or part thereof, may not be available in all languages or in all countries, and Juma Software makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws.

E. Changing the Service.

Juma Software reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service, provided that Juma Software will give you 30 days’ advance notice of any material adverse change to the Service or applicable terms of service, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, catastrophic event, war, or other similar occurrence outside of Juma Software’s reasonable control. With respect to paid Tenplate services, Juma Software will not make any material adverse change to the Service before the end of your current paid term, unless a change is reasonably necessary to address legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or to avoid issues resulting from a natural disaster, a catastrophic event, war, or other similar occurrence outside of Juma Software’s reasonable control. In the event that Juma Software does make material adverse changes to the Service or terms of use, you will have the right to terminate this Agreement and your account, in which case Juma Software will provide you with a pro rata refund of any pre-payment for your then-current paid term. Juma Software shall not be liable to you for any modifications to the Service or terms of service made in accordance with this Section IE.

II. FEATURES AND SERVICES

A. Videos

1. Tenplate Video Storage.

When you enable Tenplate Video Storage, your videos, metadata, and any edits that you make in the Tenplate App on your iOS or Android device will be automatically uploaded and stored in the cloud, and then synced across all of your other Tenplate-enabled devices. The video resolution may vary depending on your device settings and available storage. You may download full-resolution videos at any time.

2. Shared Folders.

When you use Shared Folders, Juma Software stores any videos you share until you delete them. You can access your shared videos from any of your devices that have Tenplate enabled. People you invite to shared folders may view, save, copy, and share these videos, as well as contribute videos and comments. If you want to stop sharing individual videos, comments, or entire Shared Folders, you may delete them at any time. However, any content previously copied from a Shared Folder to another device or computer will not be deleted.

III. SUBSCRIPTION UPGRADES

The Tenplate Unlimited subscription plans are available for purchase on a subscription basis.

A. Payment

By upgrading to the Tenplate Unlimited subscription service for more storage and additional features, Juma Software will automatically charge on a recurring basis the fee for the plan you choose, including any applicable taxes, to the payment method associated with your account on the App Store or Google Play Store. For details about plans and pricing, please visit https://www.tenplate.app/support. Juma Software may also obtain preapproval for an amount up to the transaction amount and contact you periodically by email to the email address associated with your account for billing reminders and other subscription account-related communications.

You can change your subscription by upgrading or downgrading your plan under the ”Manage Subscription” section of the Settings page in your Tenplate app.

The applicable fee for an upgraded plan will take effect immediately; downgrades to your plan will take effect on the next annual or monthly billing date. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING JUMA SOFTWARE WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. If Juma Software is unable to successfully charge your credit card or payment account for fees due, Juma Software reserves the right to revoke or restrict access to your stored content, delete your stored content, or terminate your account. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must change your information in the ”Manage Subscription” section of the Tenplate app; this may temporarily disrupt your access to the services while Juma Software verifies your new payment information. We may contact you via email regarding your account, including, without limitation, reaching or exceeding your storage limit of your selected plan.

B. Right of Withdrawal

If you choose to cancel your subscription following its initial purchase or, if you are on an annual payment plan, following the commencement of any renewal term, you may do so by informing Juma Software with a clear statement (see applicable address details in section “General” below) within 14 days from when you received your e-mail confirmation by contacting Customer Support. You do not need to provide a reason for cancellation.

To meet the cancellation deadline, you must send your communication of cancellation before the 14-day period has expired.

Customers in the EU and Norway also have the right to inform us using the model cancellation form below:

To: Juma Software, [Insert Address]

I hereby give notice that I withdraw from my contract for the following:

[SUBSCRIPTION PLAN AND PERIOD, e.g., MONTHLY TENPLATE UNLIMITED SUBSCRIPTION PLAN UPGRADE]

Ordered on [INSERT DATE]

Name of consumer

Address of consumer

Date

Effects of cancellation

We will reduce your storage back to the free limit and reimburse you no later than 14 days from the day on which we receive your cancellation notice. If you have used more than the free storage limit during this period, you may not be able to create any more backups or use certain features until you have reduced your storage. We will use the same means of payment as you used for the transaction, and you will not incur any fees for such reimbursement.

IV. Your Use of the Service

A. Your Account

As a registered user of the Service, you must establish an Account. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Juma Software of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, Juma Software shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.

In order to use the Service, you must enter your Apple ID, email address, or Google Account credentials to authenticate your Account. You agree to provide accurate and complete information when you register with, and as you use, the Service (“Service Registration Data”), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current, and complete Service Registration Data may result in the suspension and/or termination of your Account. You agree that Juma Software may store and use the Service Registration Data you provide for use in maintaining and billing fees to your Account.

B. No Conveyance

Nothing in this Agreement shall be construed to convey to you any interest, title, or license in an Apple ID, email address, or similar resource used by you in connection with the Service.

C. No Right of Survivorship

Except as allowed under Digital Legacy and unless otherwise required by law, you agree that your Account is non-transferable and that any rights to your Apple ID, email address, or content within your Account terminate upon your death. Upon receipt of a copy of a death certificate, your Account may be terminated and all content within your Account deleted. Contact Tenplate Support at https://www.tenplate.app/support for further assistance.

D. No Resale of Service

You agree that you will not reproduce, copy, duplicate, sell, resell, rent, or trade the Service (or any part thereof) for any purpose.

V. Content and Your Conduct

A. Content

“Content” means any information that may be generated or encountered through use of the Service, such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages, and any other similar materials. You understand that all Content, whether publicly posted or privately transmitted on the Service, is the sole responsibility of the person from whom such Content originated. This means that you, and not Juma Software, are solely responsible for any Content you upload, download, post, email, transmit, store, or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Juma Software does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity, or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.

B. Your Conduct

You agree that you will NOT use the Service to:

  • Upload, download, post, email, transmit, store, share, import, or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
  • Stalk, harass, threaten, or harm another;
  • If you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team, or friends;
  • Pretend to be anyone or any entity you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Tenplate user, a Juma Software employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (Juma Software reserves the right to reject or block any user account or email address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
  • Engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
  • Post, send, transmit, or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
  • Forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise put information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing”);
  • Upload, post, email, transmit, store, or otherwise make available any material that contains viruses or any other computer code, files, or programs designed to harm, interfere, or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
  • Interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements, or regulations of networks connected to the Service (including any unauthorized access to, use, or monitoring of data or traffic thereon);
  • Plan or engage in any illegal activity; and/or
  • Gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.

C. Removal of Content

You acknowledge that Juma Software is not responsible or liable in any way for any Content provided by others and has no duty to screen such Content. However, Juma Software reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.

D. Back Up Your Content

You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. Juma Software shall use reasonable skill and due care in providing the Service, but Juma Software does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.

E. Access to Account and Content

Juma Software reserves the right to take steps Juma Software believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Juma Software may, without liability to you, access, use, preserve and/or disclose your Account information and any Content to law enforcement authorities, government officials, and/or a third party, as Juma Software believes is reasonably necessary or appropriate, if legally required to do so or if Juma Software has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Juma Software, its users, a third party, or the public as required or permitted by law. You acknowledge that Juma Software is not responsible or liable in any way for any Content provided by others and has no duty to screen such Content. However, consistent with Juma Software’s privacy policy, Juma Software reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may prescreen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.

F. Violations of this Agreement

If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email to abuse@tenplate.app.

G. Content Submitted or Made Available by You on the Service

1. License from You

Except for material we may license to you, Juma Software does not claim ownership of the materials and/or Content you submit or make available on the Service. However, by submitting or posting such Content on areas of the Service that are accessible by the public or other users with whom you consent to share such Content, you grant Juma Software a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Service that are accessible by the public or other users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it.

2. Changes to Content

You understand that in order to provide the Service and make your Content available thereon, Juma Software may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits Juma Software to take any such actions.

3. Trademark Information

Juma Software, the Tenplate logo, and other Juma Software trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Juma Software in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.

VI. Software

A. Juma Software’s Proprietary Rights

You acknowledge and agree that Juma Software and/or its licensors own all legal right, title, and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.

B. License From Juma Software

THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

C. Public Beta

From time to time, Juma Software may choose to offer new and/or updated features of the Service (the “Beta Features”) as part of a Public Beta Program (the “Program”) for the purpose of providing Juma Software with feedback on the quality and usability of the Beta Features. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Juma Software, and that Juma Software is not obligated to provide you with any Beta Features. Juma Software may make such Beta Features available to Program participants by online registration or enrollment via the Service. You understand and agree that Juma Software may collect and use information from your Account, devices, and peripherals in order to enroll you in a Program and/or determine your eligibility to participate. You understand that once you enroll in a Program you may be unable to revert to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by this Agreement and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption, or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. Juma Software strongly encourages you to backup all data and information on your device and any peripherals prior to participating in any Program. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION, OR DATA. Juma Software may or may not provide you with technical and/or other support for the Beta Features. If support is provided, it will be in addition to your normal support coverage for the Service and only available through the Program. You agree to abide by any support rules or policies that Juma Software provides to you in order to receive any such support. Juma Software reserves the right to modify the terms, conditions, or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time. You acknowledge that Juma Software has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different from that contained in the Beta Features. As part of the Program, Juma Software will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You agree that in the absence of a separate written agreement to the contrary, Juma Software will be free to use any feedback you provide for any purpose.

D. Export Control

Use of the Service and Software, including transferring, posting, or uploading data, software, or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You further agree not to upload to your Account any data or software that is: (a) subject to International Traffic in Arms Regulations; or (b) that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software and source code, without first obtaining that authorization. This assurance and commitment shall survive termination of this Agreement.

E. Updates

From time to time, Juma Software may update the Software used by the Service. In order to continue your use of the Service, such updates may be automatically downloaded and installed onto your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software.

VII. Termination

A. Voluntary Termination by You

You may delete your Tenplate account and/or stop using the Service at any time. If you wish to stop using Tenplate on your device, you may disable it by opening the Tenplate app, going to Settings, and selecting “Sign Out” or a similar option. To terminate your account and delete your Tenplate account, contact Tenplate Support at https://www.tenplate.app/support. If you terminate your account and delete your Tenplate account, you will not have access to Tenplate or other products and services associated with your account. This action may be non-reversible. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by this Agreement), including any fees paid in advance for the billing period during which you terminate. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.

B. Termination by Tenplate

Tenplate may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Service. In the case of non-material breach, Tenplate will be permitted to terminate only after giving you 30 days’ notice and only if you have not cured the breach within such 30-day period. Any such termination or suspension shall be made by Tenplate in its sole discretion and Tenplate will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service. In addition, Tenplate may terminate your account upon 30 days’ prior notice via email to the address associated with your account if (a) your account has been inactive for one (1) year; or (b) there is a general discontinuance of the Service or any part thereof. Notice of general discontinuance of service will be provided as set forth herein, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of Tenplate’s reasonable control. In the event of such termination, Tenplate will provide you with a pro rata refund of any pre-payment for your then-current paid term. Tenplate shall not be liable to you for any modifications to the Service or terms of service in accordance with this Section VIIB.

C. Effects of Termination

Upon termination of your account, you may lose all access to the Service and any portions thereof, including, but not limited to, your account, email account, and Content. In addition, after a period of time, Tenplate will delete information and data stored in or as a part of your account(s). Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements.

VIII. Links and Other Third Party Materials

Certain Content, components, or features of the Service may include materials from third parties and/or hyperlinks to other websites, resources, or Content. Because Tenplate may have no control over such third-party sites and/or materials, you acknowledge and agree that Tenplate is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products, or materials on or available from such sites or resources. You further acknowledge and agree that Tenplate shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products, or materials on or available from such sites or resources.

IX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

TENPLATE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.

TENPLATE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME TENPLATE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TENPLATE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, TENPLATE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.

TENPLATE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND TENPLATE DISCLAIMS ANY LIABILITY RELATING THERETO.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

LIMITATION OF LIABILITY

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

TENPLATE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) TENPLATE’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) TENPLATE’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TENPLATE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF TENPLATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

NOTWITHSTANDING ANY OTHER TERMS IN THIS AGREEMENT, IF THE CONSUMER CONTRACT ACT OF JAPAN APPLIES, TERMS THAT LIMIT TENPLATE’S LIABILITY FOR DAMAGES ARISING FROM BREACH OF CONTRACT OR TORT COMMITTED BY TENPLATE SHALL NOT APPLY IF SUCH DAMAGE IS DUE TO TENPLATE’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.

INDEMNIFICATION

To the extent not prohibited by law, you agree to defend, indemnify and hold Tenplate, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of this Agreement; (d) any action taken by Tenplate, acting reasonably, as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue Tenplate, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision, acting reasonably, to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Tenplate’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your account, and that this Agreement applies to any and all usage of your account. You agree to comply with this Agreement and to defend, indemnify, and hold harmless Tenplate from and against any and all claims and demands arising from usage of your account, whether or not such usage is expressly authorized by you.

X. GENERAL

A. Notices

Tenplate may provide you with notices regarding the Service, including changes to this Agreement, by email to your registered email address (and/or other alternate email address associated with your Account if provided), SMS, by regular mail, or by postings on our website and/or the Service.

B. Governing Law

Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Tenplate shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Tenplate agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province, or country identified below whose law governs:

  • If you are a citizen of any European Union country or the United Kingdom, Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
  • If you are a citizen of Japan, the governing law shall be Japanese law and the forum shall be Tokyo, Japan.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

C. Entire Agreement

This Agreement constitutes the entire agreement between you and Tenplate, governs your use of the Service, and completely replaces any prior agreements between you and Tenplate in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Tenplate to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

ELECTRONIC CONTRACTING

Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Privacy

Your use of the Service is subject to Tenplate’s Privacy Policy, which is available at https://www.tenplate.app/privacy-policy.

Last revised: August 21, 2024

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